May 27, 2025

Understanding FMLA Rights for High-Earning Professionals: How to Secure Protected Leave

You're responsible for key decisions, manage teams, and likely work well beyond the standard 40-hour week. But now, you’re facing a serious personal or family matter—and you need time away. The stakes feel high: Will stepping back affect your role, your reputation, or your compensation?

The good news? The Family and Medical Leave Act (FMLA) exists to protect all eligible employees—regardless of title or salary. At Mizrahi Kroub LLP, we help high-earning professionals in New York secure the protected leave they’re entitled to—without compromising their careers.

What is FMLA and Who Qualifies?

The FMLA is a federal law that provides up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons. Common examples include:

  • Recovering from a serious illness or surgery
  • Caring for a spouse, parent, or child with a serious condition
  • Bonding with a new child
  • Addressing qualifying needs related to a family member’s military service

To qualify for FMLA leave in New York, you must:

  • Work for an employer with 50 or more employees within 75 miles
  • Have been employed for at least 12 months
  • Have worked at least 1,250 hours in the previous 12 months

These requirements apply across all income levels and job titles—including executives and senior leaders.

Unique Challenges for High-Earning Professionals: Why FMLA Can Get Complicated at the Top

Although your rights under the FMLA are the same, your role may be treated differently under certain exceptions—especially if you’re among the employer’s “key employees.” This term applies to certain highly paid individuals whose absence could cause significant operational disruption.

Unfortunately, some employers misuse this exception to discourage valid leave requests. Others rely on informal pressure—making you feel disloyal or replaceable if you take time away.

We frequently hear from clients who’ve been:

  • Subtly warned against taking leave
  • Told they’re “too important to be out”
  • Denied reinstatement to their prior position
  • Passed over for bonuses, promotions, or board visibility after returning

If this sounds familiar, you’re not alone—and you may have a legal claim.

Executive-Level Representation for Executive-Level Issues

At Mizrahi Kroub LLP, we understand the power dynamics and legal complexities involved in high-level employment. We work with professionals in finance, law, tech, media, and beyond—helping them:

  • Secure protected FMLA leave while preserving confidentiality
  • Challenge improper denials or employer retaliation
  • Navigate "key employee" exceptions
  • Protect bonuses, equity, and career trajectory while on leave

Our New York employment law team brings over 50 years of collective experience, a record of 5,000+ resolved cases, and $1 billion+ recovered for employees across New York. When we represent you, you gain more than legal guidance—you gain a team that knows how to protect your rights while preserving your executive standing.

Your Leave Is Protected. Your Career Should Be Too.

You’ve earned your position—and you’ve earned the right to care for your health and your family without fear of reprisal. Don’t let pressure, misinformation, or employer resistance stop you from exercising your legal rights.

Contact a FMLA Attorney in New York Today at Mizrahi Kroub LLP

Are you a high-earning professional in New York considering FMLA leave? Contact Mizrahi Kroub LLP today to schedule a confidential consultation with one of our experienced New York FMLA attorneys. We’ll help you navigate the process, protect your rights, and make sure your leave doesn’t come at the expense of your future.

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